Introduction
A looming deportation order can be a stressful and uncertain time. Whether you’ve overstayed your visa or encountered complex and legal issues in New Zealand, understanding your options is crucial.
Immigration New Zealand (INZ) enforces deportation policies to manage individuals unlawfully residing in the country or engaging in criminal activities. This blog will guide you through the deportation process in New Zealand, the criteria for deportation, and the implications for non-residents and residents alike.
Deportation Overview
Deportation Liability Notices and Deportation Orders
INZ issues Deportation Liability Notices (DLNs) and Deportation Orders to individuals liable for deportation due to criminal activity, public interest concerns, or unlawful residency in New Zealand. These notices are the initial steps in the deportation process, which includes an opportunity for the affected individuals to appeal.
Voluntary Departure vs. Forced Deportation
Voluntary departure allows individuals to leave New Zealand without facing a prohibition on returning, provided they can secure the necessary visa. In contrast, forced deportation results in a prohibition period of up to five years, during which individuals are barred from re-entering New Zealand.
Criteria for Deportation
High-Priority Cases
INZ prioritizes deportation cases based on specific criteria:
- National Security Threats: Individuals posing threats to national security.
- Criminal Activity: Persons about to be released from prison or involved in criminal conduct.
- Exhausted Legal Pathways: Individuals who have no remaining legal avenues to remain in New Zealand or are deemed non-genuine refugees.
Collaboration with Other Agencies
INZ collaborates with the Department of Corrections and other agencies to manage the deportation of individuals in prison, ensuring a coordinated approach to deportation upon their release.
Deportation of Non-Residents
Overstaying Visa Terms
Individuals who remain in New Zealand beyond their visa’s validity are automatically liable for deportation. INZ may issue a Deportation Order once the individual’s appeal rights have expired. Appeal rights commence on the day the person becomes unlawfully present in New Zealand.
Breach of Visa Conditions
Non-residents who breach their visa conditions or exhibit character issues are served with a DLN, initiating their appeal rights. They have 42 days to appeal on humanitarian grounds to the Immigration and Protection Tribunal (IPT). During this period, deportation is not enforced unless they waive their appeal rights.
Serious Criminal Offences
It is standard practice to deport non-residents convicted of serious criminal offences after serving their prison terms, reflecting the gravity of their offences and their breach of public trust.
Deportation of Residents
Conditions for Deportation Under Section 161
Residents may become liable for deportation under section 161 of the Immigration Act 2009 based on the timing of their offence relative to their residency status:
- Within Two Years of Residency: Offences with potential imprisonment of three months or more.
- Within Five Years of Residency: Offences with potential imprisonment of two years or more.
- Within Ten Years of Residency: Offences resulting in imprisonment of five years or more.
Immigration Fraud
Residents may also face deportation for immigration fraud, such as providing false information in their visa application or other acts of deception.
Deportation Statistics
Recent Trends
The following table provides a breakdown of deportations, self-deportations, and voluntary departures over the last six financial years:
| Financial Year | Deportation | Self-deportation | Voluntary Departure | Total |
|---|---|---|---|---|
| 2018/2019 | 454 | 586 | 865 | 1905 |
| 2019/2020 | 360 | 360 | 548 | 1268 |
| 2020/2021 | 251 | 178 | 271 | 700 |
| 2021/2022 | 154 | 162 | 222 | 538 |
| 2022/2023 | 224 | 246 | 242 | 712 |
| 2023/2024 | 203 | 193 | 219 | 615 |
Note: The decline in deportations during the 2020-21 and 2021-22 financial years is attributed to the COVID-19 pandemic’s impact.
Overstayed Visa Estimates
In 2017, it was estimated that approximately 14,000 migrants were without valid visas in New Zealand. The data’s accuracy is influenced by inconsistencies in border movements and visa validity records.
Demographic Breakdown
Most visa overstayers are aged between 25 and 64, with 60% having previously held visitor visas. The majority are from Pacific nations, with the following estimates:
| Ranking | Country | Estimate |
|---|---|---|
| 1 | Tonga | 2,498 |
| 2 | Samoa | 1,549 |
| 3 | China | 1,529 |
| 4 | India | 1310 |
| 5 | Malaysia | 790 |
| 6 | Great Britain | 589 |
| 7 | Fiji | 434 |
| 8 | Tuvalu | 358 |
| 9 | South Korea | 323 |
| 10 | Thailand | 184 |
| – | Other | 4331 |
| – | Total | 13895 |
Conclusion
The deportation process in New Zealand is meticulously regulated to ensure fairness and legal compliance. By understanding the criteria and implications of deportation, individuals can better navigate their legal responsibilities and rights within the immigration system. INZ’s structured approach ensures that those who violate immigration laws or pose public safety risks are managed appropriately, maintaining the integrity of New Zealand’s immigration policies.
Immigration Chambers offers expert guidance and dedicated support from highly trained Licensed Immigration Advisers in Auckland, ensuring the best case presentation to Immigration New Zealand for resolving complex legal visa issues. Get in touch now to get expert guidance to achieve your goals.
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Deportation